Key Takeaway
Court reduces $1.15M jury award to $550K for shoulder surgery case, highlighting how trial courts evaluate excessive pain and suffering damages in personal injury claims.
Shoulder injuries from motor vehicle accidents can result in significant medical treatment and long-term complications, but determining appropriate compensation requires careful judicial review. When juries award damages that exceed reasonable bounds for comparable injuries, appellate courts must step in to ensure fair and consistent outcomes. The following case demonstrates how New York courts approach the complex task of evaluating pain and suffering awards for shoulder injuries requiring surgical intervention.
Jason Tenenbaum’s Analysis:
Thompson v Toscano, 2018 NY Slip Op 07676 (1st Dept. 2018)
“$400,000 for past pain and suffering and $750,000 for future pain and suffering over 25 years…”
“The 29-year-old plaintiff was a passenger in a minivan involved in an accident with a vehicle owned and operated by the Toscanos. Plaintiff suffered a partial labral tear to the left shoulder, for which she underwent surgery, and had two courses of physical therapy. Plaintiff testified that she continued to suffer from intermittent pain and had a loss of range of motion to her left arm. Her surgeon opined that she might require further physical therapy and surgery in the future. After reviewing comparable injuries and awards, the trial court appropriately concluded that the amounts awarded by the jury were excessive and that the amounts of $300,000 for past pain and suffering and 250,000 for future pain and suffering constituted reasonable compensation for the injuries sustained “
Key Takeaway
This case illustrates the judicial oversight process when jury awards exceed reasonable compensation levels. The court’s reduction from $1.15 million to $550,000 reflects the importance of comparing similar injuries and ensuring awards align with established precedent. For shoulder injury cases involving surgery and ongoing symptoms, this decision provides valuable guidance on appropriate compensation ranges, particularly when considering post-verdict interest calculations and final settlement amounts.
